PLACING OUT OF CHILDREN, ss. 13-16. APPORTIONMENT OF GRANTS, 8. 27. Detention of child on application SURRENDER OF CHILD TO PARENTS, Short title. Industrial tion of. H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1. This Act may be cited as "The Industrial Schools Act." 47 V. c. 46, s. 1. 2.—(1) A school in which industrial training is provided, School, defini- and in which children are lodged, clothed and fed, as well as taught shall exclusively be deemed an industrial school within the meaning of this Act. 47 V. c. 46, s. 2. Philanthropic In cities, examination by (2) "Philanthropic Society," in this Act, shall mean such philanthropic society incorporated as herein mentioned and approved by the Lieutenant-Governor-in-Council for the purposes of this Act. 47 V. c. 46, s. 30. 3. In case the public school board of trustees for any city Inspector, re- or town, or the separate school trustees therein, establish an port thereon. industrial school, and provide the necessary building or build ings, either by purchase, lease or otherwise, and provide the other requisites for such schools, and cause notice thereof to be given to the city inspector of public schools, or in case of a Roman Catholic industrial school then to one of the inspectors of separate schools, the said inspector shall make an examina tion of the school buildings so provided, and of their fitness for the reception of children, and shall enquire as to the other requisites provided, and shall enquire also into the means adopted for carrying on the school, and shall report the said particulars to the Minister of Education; and if the Minister Certificate by is satisfied with the report of the inspector, he may, in writing Minister of under his hand, certify that the school is a fit and proper one for the reception of children to be sent there, and the school shall thereupon be deemed a certified industrial school for the purposes of this Act. of this Act. 47 V. c. 46, s. 3. Education. evidence 4. The notice of the grant of the certificate shall forthwith Notice of the be given to the board by the Police Magistrate and the Judge certificate and of the County Court, and shall likewise be inserted by the thereof. board in the Ontario Gazette; and a copy of the Gazette containing the notice shall be conclusive evidence of the grant which may also be proved by the certificate itself, or by an instrument purporting to be a copy of the certificate, and attested as such by the Minister of Education for the time being, or his Deputy. 47 V. c. 46, s. 4. Act. con 5.-(1) Any board of school trustees may delegate the powers, Delegation of rights and privileges conferred upon such board by this Act, powers co respecting the establishment, control and management of an School Trusindustrial school to any philanthropic society or societies in- tees by this corporated under The Act respecting Benevolent, Provident and Rev. Stat. c. other Societies, or under any other Act in force in this Province, 172. and the society or societies to which such powers are delegated, shall have and may exercise all the powers so delegated, and this Act shall thereafter apply to the philanthropic society or societies as fully as to the said boards; provided, nevertheless, that the chairman and secretary of the board of public school trustees in the city or town in which the industrial school is situated, or under whose control it is placed, and the public school inspector of the city or town, shall be members of the board of management of the society when acting under powers delegated by the board of public school trustees, and the chairman and secretary of the separate school board shall be members of the board of management, when the society is acting under powers delegated by the separate school board. (2) The by-laws of such society shall be subject to the approval of the Lieutenant-Governor in Council. 47 V. c. 46, s. 5. 6. The respective school boards shall provide the teachers Appointment necessary for the industrial school, and the general superin- of teachers and general supertendent of the school shall, when practicable, be selected from intendent." the teachers so appointed. 47 V. c. 46, s. 6. Certain childdren under fourteen may 7. Any person may at a special sitting bring before the Police Magistrate, or before the Judge of the County Court, be brought be- and, except in cities where there is a Police Magistrate, before any Justice of the Peace, any child apparently under the age of fourteen years, who comes within any of the following descriptions, namely: fore Police Magistrate or Justices. Magistrate to enquire into charged. 1. Who is found begging or receiving alms, or being in any street or public place for the purpose of begging or receiving alms; 2. Who is found wandering, and not having any home or settled place of abode or proper guardianship, or not having any lawful occupation or business, or visible means of subsist ence: 3. Who is found destitute, either being an orphan or having a surviving parent who is undergoing penal servitude or imprisonment; 4. Whose parent, step-parent or guardian represents to the Judge or Magistrate that he is unable to control the child, and that he desires the child to be sent to an industrial school, under this Act; 5. Who, by reason of the neglect, drunkenness or other vices of the parents, is suffered to be growing up without salutary parental control and education, or in circumstances exposing him to lead an idle and dissolute life; 6. Who has been found guilty of petty crime, and who, in the opinion of the Judge or Magistrate before whom he has been convicted, should be sent to an industrial school instead of to a gaol or reformatory. 47 V. c. 46, s. 7. 8. No formal information shall be requisite to authorize protruth of facts ceedings being taken under the next preceding section, but the Judge or Magistrate, before issuing his order, shall have such child brought before him, and shall, in its presence, take evidence in writing under oath of the facts charged, and shall make reasonable enquiry into the truth thereof. 47 V. c. 46, s. 8. Magistrate may order requisites of the order. 9. If the Judge or Magistrate is satisfied on enquiry that it is child toschool; expedient to deal with the child under this Act, he may order him to be sent to a certified industrial school; which order shall be in writing, and shall specify the name of the school, and the time for which the child is to be detained in the school, being such time as to the Judge or Magistrate seems proper for the teaching and training of the child, but not in any case extending beyond the time when the child will attain the age of sixteen years. 47 V. c. 46, s. 9. Admission to the schools. 10. The said school corporations or philanthropic societies may admit into the industrial schools established by them, all instruction children apparently under the age of fourteen years who are committed to the said school by the Judge or Magistrate; Powers as t● and the said corporations or societies, respectively, shall have and employpower to place the said children at such employments, and ment. cause them to be instructed in such branches of useful knowledge as are suitable to their years and capacities. 47 V. c. 46, s. 10. lic children. 11. In case an industrial school is established by the Roman Roman CathoCatholic separate school trustees in any city, the Judge or Magistrate shall endeavour to ascertain the religious persuasion to which every child to be sent by him to an industrial school belongs, and shall, as far as practicable, send Roman Catholic children to the Roman Catholic industrial school and other children to the other industrial school; and if a parent or guardian, or in case there is no parent or guardian, then if the nearest adult relative of a child in a Roman Catholic separate school claims that the child should be sent to the industrial school under the said board of trustees, or claims that a child in an industrial school established by the latter should be sent to the Roman Catholic separate school, the Minister of Education, on being satisfied of the justness of such claim, shall order a transfer of the child accordingly, provided that the managers of the school to which the transfer is to be made are willing to receive the child. 47 V. c. 46, s. 11. 12. A minister of the religious persuasion to which a child Visits by appears to belong may visit the child at the school on such clergymen. days and at such times as may be from time to time fixed by regulations of the Education Department in that behalf, for the purpose of instruction in religion. 47 V. c. 46, s. 12. Children may reside with respectable 13. The school corporation, or philanthropic society, may permit a child sent to their industrial school under this Act to live at the dwelling of any trustworthy and respectable person; persons. provided, that a report is made forthwith to the Minister of Education, in such manner as he thinks fit to require, of every instance in which this discretion is exercised. 47 V. c. 46, s. 13. permission to 14. Any permission for that purpose may be revoked at any Revocation of time by the school corporation or philanthropic society and reside out of thereupon the child to whom the permission relates shall be school. required to return to the school. 47 V. c. 46, s. 14. sence how 15. The time during which the child is absent from the Time of abschool under permission shall, except where the permission is calculated. withdrawn on account of the child's misconduct, be deemed to be part of the time of his detention in the school, and at the Return to expiration of the time allowed by the permission, he shall be taken back to the school. 47 V. c. 46. s. 15. school. What shall be deemed escape 16. A child escaping from the person with whom he is from school. placed, or refusing to return to the school on the revocation of the permission or at the expiration of the time allowed thereby, shall be deemed to have escaped from the school. 47 V. c. 46, s. 16. Discharge from school. Applications for discharge of children committed. Depositions to be delivered to person executing warrant. Evidence. School Corporation, etc., to have 17. The Minister of Education may at any time order any child to be discharged from a certified industrial school, either absolutely or on such conditions as he thinks fit, and the child shall be discharged accordingly. 47 V. c. 46, s. 17. 18. In case an application is made to any Court or Judge for the discharge from the industrial school of any child committed thereto under the provisions of section 7 of this Act. notwithstanding any irregularity in or insufficiency of the order or other proceedings, no order shall be made for such discharge in case the Court or Judge shall deem it for the benefit of the child that it should remain in the industrial school, and it shall appear by the depositions taken before the committing Judge or Magistrate that the child was liable to be committed to the industrial school under the provisions of this Act. 47 V. c. 46, s. 18. 19. The committing Judge or Magistrate shall deliver to the constable, or other person having the execution of his order, the depositions taken by him, or a certified copy thereof, which depositions or copy shall be delivered by the constable or other person to the superintendent or officer receiving the child into the said industrial school; such copy shall be prima facie proof of the contents of the original depositions and shall be receivable in evidence upon any application for the discharge of any child committed thereunder. 47 V. c. 46, s. 19. 20. The school corporation, or philanthropic society, may at any time during the period of detention of a child in a powers grant- school, exercise all the powers conferred by sections 2 and 6 of The Act respecting Apprentices and Minors, upon the charitable societies therein mentioned. 47 V. c. 46, s. 20. ed by Rev. Stat. c. 142. Rules of management, power to make. 21. The school corporation, or philanthropic society, may from time to time make rules for the management and discipline of the certified industrial school established by the board or society, such rules not being inconsistent with the provisions of this Act; but the rules shall not be enforced until they have been approved by the Education Department ; rules so approved shall not be altered without the like approval; a printed copy of the rules purporting to be rules of a school so approved and signed by the Minister of Education shall be evidence of the rules of the school. 47 V. c. 46, s. 21. and |